Most operating vehicles under the influence of alcohol or drugs (OVI) arrests in Ohio involve people with no prior convictions. But make no mistake about it. Even if you do not have a driving under the influence (DUI) on your record, OVI/DUI is a serious charge that puts significant penalties on the table.
At Koffel | Brininger | Nesbitt, your award-winning Columbus first offense DUI lawyer represents clients across Columbus and Central Ohio after they have been charged with OVI/DUI-related crimes.
With more than 30 years advocating for the innocent and the accused in the Ohio judicial system, we know how police and the government operate and have the insight to fully protect your rights. Contact us to request a confidential consultation with a Columbus DUI lawyer at our firm today.
Why Clients Choose KBN:
- Tier 1 for OVI/DUI Defense in U.S. News “Best Law Firms” rankings.
- Brad Koffel has been voted to The Best Lawyers in America® since 2008.
- We’ve successfully represented over 15,000 clients.
- We prioritize personal attention and are always on call.
For a free legal consultation with a first time dui lawyer serving Columbus, call 614-884-1100
The Difference Between an OVI and a DUI in Ohio
You may be wondering what the difference between an OVI, DUI, and DWI is. Although, in many cases, these terms can be used interchangeably, there is one primary difference between an OVI and a DUI. While both refer to driving or being in control of a motor vehicle while intoxicated or impaired by drugs or alcohol, you can only be charged with a DUI if you are actually operating a motor vehicle with elevated blood alcohol concentration (BAC) levels.
However, criminal charges may still apply in the form of an OVI even if you are not driving at the time of the stop. Your Columbus criminal defense lawyer will see if the appropriate charges have been filed. If the state made a mistake, you can rely on us to fight to get these unjust charges dismissed.
We will also be looking into the circumstances of your arrest to see if any of your rights have been violated. While often confused, you may be interested to know that standard field sobriety tests (SFSTs) and chemical breath, blood, and urine tests, often referred to as breathalyzers or drug tests, are not interchangeable.
Under Ohio Revised Code § 4511.191, you have given your implied consent to submit to a chemical blood alcohol concentration test when you exercise the privilege of a driver’s license. However, you are under no legal obligation to take the SFSTs.
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Penalties for a First Offense OVI/DUI
OVI/DUI is defined by Ohio Revised Code § 4511.19 as operating a motor vehicle under the influence of alcohol, drugs, or a combination of both. In Ohio, you are considered a first-time offender if you have no OVI/DUI convictions within the past 10 years or the past 20 years if the case involved a chemical test refusal. Except for DUI causing injury or death, a first OVI is a first-degree misdemeanor in Ohio.
Penalties for a first offense DUI in Ohio generally fall into one of three categories, including a “Low Tier” first offense, a “High Tier” first offense, and a first offense refusal.
These terms relate to the BAC of your blood, breath, urine, or refusal to take a test. A breath or blood test of 0.17% or greater is considered a “High Tier” OVI, and the potential penalties as outlined by the Ohio Supreme Court may include:
First Offense “Low Test”
- Minimum of three days to a maximum of six months in jail
- Fines up to $1,075 plus fees
- Potential license suspension of one to three years
- Use of an ignition interlock device (IID) and a court-granted restricted driver’s license for unlimited driving privileges
First Offense “High Test”
- Minimum of six days to a maximum of six months in jail
- Fines up to $1,075 plus fees
- Potential license suspension of one to three years
- Mandatory yellow plates, court-granted restricted licenses, and the mandatory use of an IID for unlimited driving privileges
First Offense Refusal
- Minimum of three days to a maximum of six months in jail
- Fines up to $1,075 plus fees
- Automatic administrative license suspension of one year
- Court license suspension of one to three years
Driver Intervention for Columbus First Offense DUIs
First-time offenders may have the option to participate in a driver intervention or alcohol education program. Upon completion, they can be awarded unlimited driving privileges, a suspended sentence, and favorable terms, provided they install an ignition interlock device (IID) in their vehicle and comply with other court orders. Your first offense DUI lawyer in Columbus at Koffel | Brininger | Nesbitt can advise you of this program and other options.
Court-imposed penalties are not the only consequences faced by individuals convicted of DUI. Beyond any criminal penalties you may be faced with, collateral consequences may continue to follow you even after you have satisfied any court orders. Other repercussions can include:
- Job loss and difficulty finding gainful employment
- Suspension or loss of your professional license
- Academic sanctions
- Loss of commercial driver’s license (CDL)
- Points on your driver’s license
- Higher insurance premiums
- Reputational damage
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Misdemeanor DUI Charges Versus Felony DUI Charges
As noted above, most first offense DUI charges are charged at the misdemeanor level. Even when your blood alcohol concentration tests result in an elevated BAC over 0.17%, you will still only be facing first-degree misdemeanor charges.
However, this is assuming you were stopped by law enforcement and accused of driving under the influence of drugs or alcohol rather than having struck another vehicle, person, or other private property.
If you were involved in a traffic accident in which someone was seriously injured or fatally wounded, you may be facing felony-level charges even as a first offense. Depending on the severity of the injuries suffered by another, you could be facing considerable felony charges. These felony charges could include:
Vehicular Assault and Aggravated Vehicular Assault
If someone was injured in a traffic accident as a result of your driving under the influence, you could be facing vehicular assault or aggravated vehicular assault charges under Ohio Revised Code § 2903.08.
This charge is a felony if the third or fourth degree, and you could be facing penalties of definite prison terms ranging from several months to up to five years. The penalties you face will always depend on the specific circumstances and details of your case, which you can discuss with your Columbus aggravated vehicular assault lawyer during your initial consultation.
Vehicular Homicide, Vehicular Manslaughter, and Aggravated Vehicular Homicide
Under Ohio Revised Code § 2903.06, if someone was fatally injured in a collision that you caused while driving under the influence, you could be facing charges of vehicular homicide, manslaughter, or aggravated vehicular homicide.
Depending on the circumstances of the incident and whether other aggravating factors were present, you may be charged with a felony of the fourth, third, second, or first degree.
Once your Columbus aggravated vehicular homicide lawyer at Koffel Brininger Nesbitt knows the details of your case, they can explain the potential consequences you may have to face.
Civil Liability for the Victim’s Injuries
When someone is injured or loses a loved one because of your actions while driving under the influence, even if it was the first time you had ever done it, leaves you open to liability for their injuries.
This means you could be sued for their damages, including their hospital bills, vehicle or other personal property damage, and other economic and non-economic damages.
While in a criminal court, the burden of proof is based on the reasonable doubt standard as described by Ohio Revised Code § 2901.05, the burden of proof is lower in civil court and is based on a preponderance of the evidence.
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How a Columbus First Offense DUI Lawyer from KBN Can Help
Working with a first offense DUI attorney in Columbus, OH, can help you navigate the court system and understand the potential consequences of the charges you are accused of.
With our help, you can take steps to produce the best possible outcome. With a legal advocate from Koffel | Brininger | Nesbitt working on your case, you can count on them to pursue every possible option that may include:
- Challenging the traffic stop and determining if there was reasonable suspicion and probable cause for the stop
- Challenging the performance of standard field sobriety tests
- Challenging BAC results obtained through breathalyzer, blood, or urine tests
- Addressing actual physical control, intoxication, warrants, and other key issues
- Negotiating a lesser charge and minimal penalties
- Requesting a Bureau of Motor Vehicles (BMV) hearings to contest license suspension
At Koffel | Brininger | Nesbitt, our criminal defense lawyer leverages decades of experience to investigate the circumstances surrounding our clients’ arrests, the charges against them, and the strategies to challenge DUIs, OVIs, and how to avoid them in the first place or mitigating penalties.
very case is unique. We encourage you to speak with our team to explore the potential options available in your matter.
A History of Successful Results for First Offense DUI Defendants
Koffel | Brininger | Nesbitt has secured positive outcomes for thousands of clients facing first offense DUI charges in Franklin County and other counties of Ohio.
We represent clients in both criminal proceedings and hearings before the Ohio Bureau of Motor Vehicles (BMV), which are separate matters that concern only one’s driving privileges. Some examples of the case results we have secured for clients charged with a first offense DUI include the following:
- Case dismissal or no conviction
- Conviction avoided in high test and test refusal cases
- Charges dropped in DUI drugs and marijuana cases
- Charges reduced to reckless operation of a vehicle
- Reduced charges for non-moving, no-points violations
- Privacy retained or case never publicized
- No license suspension or the public humiliation of Ohio’s yellow DUI license plates
- Reduced fines and participation in alcohol education program
- No jail time or non-reporting probation in lieu of jail
Understanding the Reduction of Your Charges to a Reckless Driving Charge
One of the most common outcomes for drivers accused of DUI for the first time is having their charges reduced to reckless driving. Ohio Revised Code § 4511.20 describes the operation of a vehicle with willful or wanton disregard for the safety of persons or property.
While a DUI, even as a first offense, can carry a certain stigma, a reckless driving charge generally carries lesser fines and penalties.
Ohio does not have a statute for a so-called “wet” reckless driving charge. It is generally noted in your case file that your reckless driving charge is a reduction from a first offense DUI.
Although this charge does carry penalties that are not to be taken lightly, the positive side of it is that your driving record would remain clear of a DUI conviction.
You Have Rights. Call a Columbus First Offense DUI Lawyer Today
Being arrested and charged with a crime is a serious matter that puts significant penalties and potential jail time on the table. However, it is the government’s responsibility to prove their case against you.
You have the right to challenge those allegations with the help of an experienced Columbus first offense DUI attorney at Koffel Brininger Nesbitt.
We have staked our reputation on representing defendants in all types of DUI and criminal cases. We know the local courts, judges, prosecutors, and police – many of whom refer their own friends and family to our firm – and we know how to win these cases.
Complete our secured contact form or call us to schedule your confidential consultation today.
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